Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations 37065

comment, comments are invited on this

rule. Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

shall identify the Rules Docket number

and be submitted in triplicate to the

address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended in light of the

comments received. Factual information

that supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98–NM–03–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is noncontroversial and

unlikely to result in adverse or negative

comments. For reasons discussed in the

preamble, I certify that this regulation

(1) is not a ‘‘significant regulatory

action’’ under Executive Order 12866;

(2) is not a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of it may be

obtained from the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Bombardier Inc. (Formerly Canadair):

Amendment 39–10487. Docket 98–NM–

03–AD.

Applicability: All Bombardier Model CL–

215–6B11 (CL–415 Variant) series airplanes,

certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To ensure that the flightcrew is advised of

the potential hazard associated with a

temporary loss of battery bus power during

failure of the left engine or the left generator

on the left engine and of the procedures

necessary to address it, accomplish the

following:

(a) Within 10 days after the effective date

of this AD, revise the Limitations and

Emergency Procedures Sections of the

Canadair CL–415 Airplane Flight Manual

(AFM) by inserting a copy of Canadair

Temporary Revision No. 491/9, dated

November 30, 1995, into the AFM to provide

the flightcrew with procedures to address

erroneous indications of hydraulic system

pressure, brake pressure, rudder pressure,

and rudder and elevator reversion to manual

mode during engine failure.

Note 2: When the temporary revision has

been incorporated into general revisions of

the AFM, the general revisions may be

inserted into the AFM, provided the

information contained in the general revision

is identical to that specified in Canadair

Temporary Revision No. 491/9.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Manager, New York ACO.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(d) The AFM revision shall be done in

accordance with Canadair CL–415 Airplane

Flight Manual Temporary Revision No. 491/

9, dated November 30, 1995. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from

Bombardier, Inc., Canadair, Aerospace

Group, P.O. Box 6087, Station Centreville,

Montreal, Quebec H3C 3G9, Canada. Copies

may be inspected at the FAA, Transport

Airplane Directorate, 1601 Lind Avenue,

SW., Renton, Washington; or at the FAA,

Engine and Propeller Directorate, New York

Aircraft Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York; or at

the Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 4: The subject of this AD is addressed

in Canadian airworthiness directive CF–96–

02, dated January 25, 1996.

(e) This amendment becomes effective on

October 7, 1998.

Issued in Renton, Washington, on May 14,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–13404 Filed 7–8–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–AWP–2]

Modification of Class E Airspace;

Porterville, CA; Correction

AGENCY: Federal Aviation

Administration (FAA), DOT.
37066 Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations

ACTION: Final Rule; correction.

SUMMARY: This action corrects an error

in the geographic coordinates of a Final

Rule that was published in the Federal

Register on April 20, 1998 (63 FR

19393), Airspace Docket No. 98–AWP–

2. The final rule modified the Class E

Airspace area at Porterville, CA.

EFFECTIVE DATE: 0901 UTC August 13,

1998.

FOR FURTHER INFORMATION CONTACT:

Larry Tonish, Airspace Specialist,

Airspace Branch, AWP–520, Air Traffic

Division, Western-Pacific Region,

Federal Aviation Administration, 15000

Aviation Boulevard, Lawndale,

California, 90261, telephone (310) 725–

6539.

SUPPLEMENTARY INFORMATION:

History

Federal Register Document 98–10303,

Airspace Docket No. 98–AWP–2,

published on April 20, 1998 (63 FR

19393), revised the geographic

coordinates of the Class E airspace area

at Porterville, CA. A typographical error

was discovered in the geographic

coordinates for the Porterville, CA, Class

E airspace area. This action corrects that

error.

Correction to Final Rule

Accordingly, pursuant to the

authority delegated to me, the

geographic coordinates for the Class E

airspace area at Porterville, CA, as

published in the Federal Register on

April 20, 1998 (63 FR 19393), Federal

Register Document 98–10303) are

corrected as follows:

§ 7.1. [Corrected]

AWP CA E5 Porterville, CA [Corrected]

On page 19394, in column 2, for Porterville

Municipal Airport, CA, beginning in line 7,

correct long. 118° 47′20′′ W’’ to read long.

118° 57′20′′ W’’.

Issued in Los Angeles, California, on June

23, 1998.

John G. Clancy,

Manager, Air Traffic Division, Western-Pacific

Region.

[FR Doc. 98–17856 Filed 7–8–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010–AC46

Update of Documents Incorporated by

Reference

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Final rule.

SUMMARY: MMS is updating two

documents incorporated by reference in

regulations governing oil, gas, and

sulphur operations in the Outer

Continental Shelf (OCS). The two new

editions will continue to ensure that

lessees use the best available and safest

technologies while operating in the

OCS. This rule is also necessary because

the previously referenced documents

are no longer available. The updated

documents are the sixth edition of the

American Petroleum Institute’s (API)

Recommended Practice for Analysis,

Design, Installation and Testing of Basic

Surface Safety Systems for Offshore

Production Platforms and the second

edition of API’s Manual of Petroleum

Measurement Standards, Chapter 14,

Section 8, Liquefied Petroleum Gas

Measurement.

DATES: This rule is effective August 10,

1998. The incorporation by reference of

publications listed in the regulation is

approved by the Director of the Federal

Register as of August 10, 1998.

FOR FURTHER INFORMATION CONTACT: Bill

Hauser, Engineering and Research

Branch, at (703) 787–1613.

SUPPLEMENTARY INFORMATION: MMS uses

standards, specifications, and

recommended practices developed by

standard-setting organizations and the

oil and gas industry as a means of

establishing requirements for activities

in the OCS. This practice, known as

incorporation by reference, allows MMS

to incorporate the requirements of

technical documents into the

regulations without increasing the

volume of the Code of Federal

Regulations (CFR). MMS currently

incorporates by reference 83 documents

into the offshore operating regulations.

The regulations found at 1 CFR part

51 govern how MMS and other Federal

agencies incorporate various documents

by reference. Agencies can only

incorporate by reference through

publication in the Federal Register.

Agencies must also gain approval from

the Director of the Federal Register for

each publication incorporated by

reference. Incorporation by reference of

a document or publication is limited to

the edition of the document or

publication cited in the regulations.

This means that newer editions,

amendments, or revisions to documents

already incorporated by reference in

regulations are not part of MMS’s

regulations.

This rule updates the following two

documents that are currently

incorporated by reference into MMS

regulations:

• American Petroleum Institute’s

(API) Recommended Practice (RP) 14C,

Recommended Practice for Analysis,

Design, Installation and Testing of Basic

Surface Safety Systems for Offshore

Production Platforms, Sixth Edition,

March 1998 and

• Manual of Petroleum Measurement

Standards (MPMS), Chapter 14, Section

8, Liquefied Petroleum Gas

Measurement, Second Edition, July

1997.

MMS has reviewed these documents

and has determined that the new

editions must be incorporated into

regulations to ensure the use of the best

and safest technologies. Our review

shows that the changes between the old

and new editions are minor and will not

impose undue cost on the offshore oil

and gas industry. In addition, the old

editions are not readily available to the

affected parties because they are out of

publication.

MMS is updating these documents via

a final rule. The regulations found at 30

CFR 250.101(a)(2) allow updating

documents without opportunity to

comment when MMS determines that

the revisions to a document result in

safety improvements or represent new

industry standard technology, and do

not impose undue costs on the affected

parties.

A summary of MMS’ review of the

new documents is provided below:

API RP 14C, Recommended Practice

for Analysis, Design, Installation and

Testing of Basic Surface Safety Systems

for Offshore Production Platforms, Sixth

Edition, March 1998.

This edition is an improvement over

the fifth edition, which MMS chose not

to incorporate into the regulations.

MMS believed that the fifth edition

contained errors, even after API issued

an errata sheet to correct several errors.

The sixth edition represents current

technology and is a good replacement

for the currently incorporated fourth

edition, which was issued in September

1986. Furthermore, the fourth edition is

no longer available from API.

Technical changes from the fourth

edition include: (1) guidelines on

procedures and location of detectors for

platforms that process toxic